Medical Assistance
Currently, DHFS administers a Community Integration Program (commonly known as "CIP II"), under which Medical Assistance (MA) moneys are paid to counties to provide home and community-based services, under a waiver of federal Medicaid laws, to elderly and physically disabled persons who meet the level of care requirements for MA-reimbursed nursing home care or who are relocated from facilities. DHFS must establish a uniform daily rate for CIP II and reimburse counties up to that rate for each person enrolled in CIP II. DHFS may provide enhanced reimbursement for CIP II services for a person who is relocated to the community from a nursing home by a county if the nursing home bed used by the person is delicensed upon the person's relocation.
This bill authorizes DHFS to provide enhanced CIP II funding for home and community-based services to an MA-eligible person who relocates from a facility to the community, if the number of persons served does not exceed the number of nursing home beds delicensed as part of plans submitted by nursing homes and approved by DHFS.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.277 (1m) (ag) of the statutes is created to read:
46.277 (1m) (ag) "Delicensed" means deducted from the number of beds stated on a facility's license, as specified under s. 50.03 (4) (e).
SECTION 2. 46.277 (5) (g) of the statutes is amended to read:
46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who is relocated to the community from a nursing home by a county department on or after July 26, 2003 the effective date of this paragraph .... [revisor inserts date], if the nursing home bed that was used by the individual is delicensed upon relocation of the individual number of individuals served under this paragraph does not exceed the number of nursing home beds that are delicensed as part of plans submitted by nursing homes and approved by the department. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.
(End)
LRB-0345LRB-0345/1
DAK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0024 - State DD centers utilization review chargeback
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: charging counties for services to residents of state centers for the developmentally disabled who are determined appropriate for community care.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Under current law, DHFS must bill a county department of developmental disabilities services for services that a center for the developmentally disabled provides to a resident of that county. For a center resident who is eligible for benefits under the Medical Assistance (MA) program, federal Medicaid Program law requires that an independent professional review periodically determine if his or her condition is, instead, appropriate for community care. For persons whose care is determined to be appropriate in the community but who continue to receive services in the state centers for the developmentally disabled, including persons for whom the cost of community care would be less than $184 per day, DHFS must bill a county department of developmentally disabled services at $48 per day. (The $184 per day amount is the rate paid to counties before July 1, 2000, for services provided under the federal Medicaid waiver Community Integration Program to relocate persons from the state centers for the developmentally disabled, also known as "CIP 1A"; the current rate is $325 per day.)
This bill changes the reference to the obsolete CIP 1A rate of $184 per day in describing MA recipients who are residents in state centers for the developmentally disabled but whose conditions are appropriate for community care. The reference under the bill is to the current rate paid for services under CIP 1A.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:
51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than $184 per day the daily rate for services under s. 46.275. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.
(End)
LRB-0347LRB-0347/3
DAK:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0032 - Transfer sanitarian registration to DRL
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHFS must establish minimum standards for, register, and otherwise regulate sanitarians (persons who apply environmental control measures under the public health laws to prevent and control preventable diseases).
This bill transfers the duty to regulate sanitarians from DHFS to DRL.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 21.72 (1) (a) 4. of the statutes is amended to read:
21.72 (1) (a) 4. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit, or approval specified in s. 49.45 (2) (a) 11., 51.42 (7) (b) 11., 51.421 (3) (a), 146.50 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f), 250.05 (5), 252.23 (2), 252.24 (2), 254.176, 254.178 (2) (a), 254.20 (2), (3), or (4), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2) (a), or 343.305 (6) (a) or a permit for the operation of a campground specified in s. 254.47 (1).
SECTION 2. 49.857 (1) (d) 4. of the statutes is amended to read:
49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
SECTION 3. 73.0301 (1) (d) 3. of the statutes is amended to read:
73.0301 (1) (d) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3) or (3m), 146.50 (5) (a) or (b), (6g) (a), (7) or (8) (a) or (f), 250.05 (5), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
SECTION 4. 250.041 (1) (a) of the statutes is repealed.
SECTION 5. 250.05 (title) of the statutes is renumbered 440.70 (title).
SECTION 6. 250.05 (1) of the statutes is renumbered 440.70 (1).
SECTION 7. 250.05 (2) of the statutes is renumbered 440.70 (2).
SECTION 8. 250.05 (3) of the statutes is renumbered 440.70 (3) and amended to read:
440.70 (3) SANITARIANS; EMPLOYMENT OR CONTRACTUAL SERVICES. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 255 or rules promulgated under those statutes.
SECTION 9. 250.05 (5) of the statutes is renumbered 440.70 (5) and amended to read:
440.70 (5) REGISTRATION. Except as provided in sub. (8m) and s. 250.041 s. 440.12 or 440.13, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.
SECTION 10. 250.05 (6) of the statutes is renumbered 440.70 (6) and amended to read:
440.70 (6) FEES: RENEWAL OF REGISTRATION; DELINQUENCY AND REINSTATEMENT. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in sub. (8m) and s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department).
SECTION 11. 250.05 (7) of the statutes is renumbered 440.70 (7).
SECTION 12. 250.05 (8) of the statutes is renumbered 440.70 (8) and amended to read:
440.70 (8) REVOCATION OF REGISTRATION. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or, deny, suspend, or limit under this section subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any gross professional negligence unprofessional conduct, incompetence, or misconduct professional negligence.
SECTION 13. 250.05 (8m) of the statutes is repealed.
SECTION 14. 250.05 (9) of the statutes is repealed.
SECTION 15. 440.03 (13) (b) 66d. of the statutes is created to read:
440.03 (13) (b) 66d. Sanitarian.
SECTION 16. 440.05 (intro.) of the statutes is amended to read:
440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.70 (6), 440.9935, 444.03, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18:
SECTION 17. 440.08 (2) (a) 68b. of the statutes is created to read:
440.08 (2) (a) 68b. Sanitarian: December 16 of each even-numbered year, $25.
SECTION 18. 440.23 (1) of the statutes is amended to read:
440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 440.70 (6), 444.03, or 444.11 by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).
SECTION 19. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is created to read:
CHAPTER 440
SUBCHAPTER VI
SANITARIANS
SECTION 20. 440.70 (9) of the statutes is created to read:
440.70 (9) FORFEITURE. In addition to or in lieu of a reprimand or a denial, limitation, suspension, or revocation of a registration under sub. (8), the department may assess against any person a forfeiture of not less than $100 nor more than $1,000 for each violation under sub. (8).
SECTION 9121. Nonstatutory provisions; health and family services.
(1) TRANSFER OF SANITARIAN REGISTRATION.
(a) Registered sanitarians. All persons who were registered as sanitarians under section 250.05 of the statutes, as affected by this act, immediately before the effective date of this paragraph are registered under section 440.70 of the statutes, as affected by this act.
(b) Rules and orders. All rules of the department of health and family services regulating registration of sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of regulation and licensing. All orders of the department of health and family services regulating registered sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of regulation and licensing.
(c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.
(e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.
SECTION 9321. Initial applicability; health and family services.
(1) TRANSFER OF SANITARIAN REGISTRATION. The treatment of sections 20.435 (1) (gm) (with respect to the transfer of the duty to regulate sanitarians), 21.72 (1) (a) 4., 49.857 (1) (d) 4., 73.0301 (1) (d) 3., 250.041 (1) (a), 250.05, 440.03 (13) (b) 66d., 440.05 (intro.), 440.08 (2) (a) 68b., 440.23 (1), and 440.70 (9) and subchapter VI of chapter 440 of the statutes first applies to applications for sanitarian registration or for renewal of sanitarian registration made on the effective date of this subsection.
****NOTE: This is reconciled SECTION 9321 (1). This SECTION has been affected by LRB-0316/2.
(End)
LRB-0349LRB-0349/5
DAK:wlj/jld:ch
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0044 - Grants for community programs and grants for children's community programs
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
This bill requires DHFS to award general purpose revenues in fiscal years 2005-06 and 2006-07 as grants for community programs, to organizations or groups of organizations, to provide screening, assessment, and treatment for female prisoners and offenders from Milwaukee County who have committed nonviolent crimes, to assist in community reintegration, and to provide at-risk assessments and support services for the dependent children of the prisoners and offenders.
